GTC. 1 General Information

Transcription

1 1 General Information 1.1 The following General Terms and Conditions (hereinafter GTCs) govern the relationship between the so-called Mailing List Customers, (hereinafter Mailing List Customers or simply Customers ) and the Company, Monteverro Srl. Società Agricola domiciled in Strada Aurelia Capalbio, 11, Capalbio (GR), Italy, VAT ID No (hereinafter Monteverro or the Supplier ), Owner of the Website (hereinafter the Website ) for the purchase and delivery of products ( the Products ) offered to the aforementioned Mailing List Customers. 1.2 Within these terms Mailing List Customers shall refer to natural or legal persons, who are not acting in the context of their performance of a commercial or self-employed occupational activity and who are enrolled in the Mailing List of Monteverro or who have applied for such enrolment. 1.3 The GTCs are made available to the Customer in such form that allows for his storage and reproduction. Any changes made to the GTCs are effective from the date that these are published on the Website and will be applied to all sales and contracts which are concluded from that date. 1.4 The contracts which are concluded between the Supplier and the Customer by means of the Website are governed by Italian law, in particular by the Legislative Decree of 6th September 2005, Nr. 206 (Consumer Law), as well as by any further applicable laws for distance selling. 1.5 Every Customer specifically commits that he fulfils the statutory legal age limit requirement in Italy or in his recipient country or any other legal requirement for the purchase of wines, liqueurs and alcoholic substances. In the event of violation Monteverro reserves the right to terminate without notice. The purchase of the Products is solely permitted for persons that are of age and with the power to act. Monteverro cannot be held responsible for restrictions pertaining to the purchase and consumption of wines, liqueurs and alcoholic substances stipulated in the country of origin of the international Customers (which encompasses all Customers who are not domiciled in Italy) 2 Conclusion of Contract 2.1 Monteverro will publish the listing of the offered Products together with the indication of the selling price or communicate these to the Mailing List Customers. 2.2 However, the delivery of the offered products is conditional to their availability. The Supplier reserves the right to amend the amount and/or type of goods at all times as well as to change the layout and/or labels of the Products compared to the depictions on the Website or in the Company s own Newsletter.

2 2.3 Monteverro s offers irrespective of the ways and means by which they are communicated constitute a non-binding invitation from the Supplier to the Customer to submit an offer and must be understood as such (invitatio ad offerendum). 2.4 Every Customer is entitled to submit a binding and irrevocable purchase offer ( Order ) for one or more Products by accessing a section of the Website reserved for the Mailing List Customers (hereinafter Area Riservata ) and by adhering to the purchase process described there, which is an essential aspect of the GTCs. 2.5 The Customer shall select the Product/Products which he intends to purchase and specify the location and address for the delivery in accordance with the process stipulated in the Area Riservata. 2.6 In order to complete the order, the Customer is obliged to acknowledge all instructions provided during the purchase process, to accept not only the GTCs but also the specifically related clauses per Article 1341 und 1342 of the Italian Civil Code in their entirety. 2.7 By clicking the button Finish Order on the Website the Customer submits his binding order for the purchase of the goods contained in his virtual shopping basket. The Customer s offer is binding and irrevocable for the duration of 15 working days (hereinafter Term of Irrevocability ). 2.8 The receipt of the purchase offer will be confirmed to the Customer by . The confirmation of receipt does not constitute acceptance of the order. The contract of sale transpires only at the moment when the Customer receives, within the Term of Irrevocability (15 working days from submission of the order), a separate order confirmation from the Supplier (hereinafter Order Confirmation ) under observance of the relevant applicable laws. 2.9 The fact remains that Monteverro has the right not to accept an order, without this giving rise to any contractual, non-contractual or pre-contractual claim for reparation or compensation by the Customer or any form of liability for direct or indirect damages At the Customer s request the Supplier issues, together with the Order Confirmation, an invoice for the dispatched goods, which will be sent by or post in accordance with D.P.R. 445/2000 and D.L. 52/2004. The invoice will use the information that the Customer provided in the order. Amendments to the invoice are not possible after the invoice has been issued The orders will be archived in the Supplier s database in accordance with the Legislative Decree of No. 196.

3 3 Customer Obligations The Customer is obligated, as soon as the online purchase procedure has been completed, to print out and keep a copy of the current General Terms and Conditions, the content of which he, as an essential step, has acknowledged and accepted. It is strictly forbidden that the Purchaser provide false data and/or made up and/or fantasy data during the registration required for the implementation of this contract and further communications. The personal data and address must expressly be his own personal details and not the data of any third party or fantasy data. Double registrations for one individual or the input of third party data are expressly forbidden. The Supplier reserves the right to take legal action against any abuse or infringement to protect all consumers. 4 Payment 4.1 The prices of the Products are in (Euro). 4.2 The indicated price for Products which are dispatched within the European Union and in Switzerland includes the statutory value-added tax and all country specific taxes and duties. For third countries (excluding Switzerland) the gross prices are provided, upon which additional country specific costs for customs duties, excise and similar are incurred. Within the European Union and for Switzerland the additional listed shipping costs apply, for third countries (excluding Switzerland) these will be calculated upon request. 4.3 The Supplier checks regularly that all price indications are correct; without however being able to guarantee that these are free from error. Should an error regarding the price of the Product be determined, the Supplier gives the Customer the option to confirm the purchase of the Products at the correct price or to withdraw from the contract. 5 Payment Options Payment of the purchase price is only by means of credit card. The payment is deemed valid only when the purchase price is ultimately received by Monteverro. The total amount for the Products accounted for within the order will be invoiced to the Customer subsequent to and in conjunction with the Order Confirmation. 6 Delivery 6.1 For security reasons, the signature of a person of legal age, at least older than 18 years, or with the power to act in his native country, is required at the time of delivery. For the delivery of goods to the address specified in the order, the presence of the Customer or his representative is required.

4 6.2 Monteverro delivers within the European Union and in third countries upon request. Deliveries to third countries outside the EU can only take place with the prior express consent of Monteverro. 6.3 The shipping costs are carried by the Customer and are clearly marked in the order form. These can vary according to the type of shipping and destination. Shipments outside the European Union can be subject to import taxes and duties. These charges, which are determined at the time the Product enters the country of destination, are to be carried by the recipient and are not included in the total amount for the order. The Customer is responsible for the payment of import taxes or duties or other levies charged in his country of domicile. 6.4 If a delivery cannot take place due to an incomplete or faulty address, Monteverro has the right to claim the costs incurred for a new delivery. 7 Transfer of Risk The risk of accidental demise and accidental deterioration of the Products passes to the Customer upon delivery of the Products. The same applies when the Customer is in default in acceptance of the goods or refuses delivery of the Products. 8 Right of Withdrawal 8.1 In accordance with Article 64 of the Legislative Decree No. 206/2005, the Customer has the right to withdraw from the contract without giving any reason and without notice. In order to exercise his right of withdrawal the Customer must send an addressed to: mailinglist@monteverro.com, which must include the following: The declaration of intent to exercise the right to withdraw in the sense of Article 64 of the Legislative Decree 206/2005; The details of the Products for which the Customer declares withdrawal; The order number; 8.2 The communication of withdrawal must be sent within 10 (ten) working days from the date on which the Products were delivered. Subject to the undamaged return of the Products in their original packaging the Supplier commits to reimbursement of the total purchase price per refund to the credit card. Costs, expenses or fees associated with the delivery or shipment of the returned Products are carried by the Customer.

5 9 Damage / Breakage / Guarantee 9.1 The Customer is obliged to check the shipment for any damage/breakage upon receipt of the shipment and to inform the shipper in writing as well as to provide information of the damage to the address mailinglist@monteverro.com within one working day of receipt of the goods. Provided the shipper confirms the damage, Monteverro will replace the Product free of charge (limited to the actual damaged Product) within the period of time which is reasonably required for shipment of the replacement Product. Should Product of the same type as the damaged Product not be available, Monteverro will deliver a Product of similar quality and price or higher to the Customer. 9.2 The rights of the Customer in accordance with the Legislative Decree No. 206/2005 and all other essential legal provisions remain unaffected. 9.3 In the event that Products have hidden defects, the Customer is obliged to report the defect within 2 months of discovery, subject to the expiry of all rights after a period of 24 months from delivery of the Product. 9.4 The Customer has the right to demand replacement of the defective Product or a reduction of the price or cancellation of the contract provided the defect was reported in time. 10 Data Protection 10.1 The data collected from the Customer for contractual purposes, which are governed by these General Terms and Conditions, will be stored in the archives of Monteverro S.r.l. Società Agricola using appropriate security measures against abuse The processing of the data provided takes place in accordance with the legislation for protection of personal data (Legislative Decree 196/2003 i.g.f.) with the appropriate means to guarantee their safety and confidentiality The Customer s data will be used exclusively for the purposes of the contractual relationship, which is governed by these General Terms and Conditions, and can also be communicated to companies or other third parties with whom Monteverro S.r.l. Società Agricola cooperates or who perform specific assignments for the Company (e.g. credit institutions, couriers, transport companies, auditing companies and other professionals) The processing of Customer data also takes place via employees, consultants and internal/external staff of Monteverro S.r.l. Società Agricola or via companies which belong to the same corporate group, who serve as Data Processing Controllers in accordance with the instructions of the Data Protection Holder (and/or the person responsible). The data of the Customer or of the partners will not be distributed. The rights under Article 7 of the Legislative Decree 196/2993 i.g.f. remain unaffected.

6 10.5 Owner of the data is Monteverro S.r.l. Società Agricola. Data Protection Officer is Mr. Michael Voegele, do-miciled for the position at Monteverro S.r.l. Società Agricola, Strada Aurelia Capalbio, Capalbio (GR), Italy. 11 Final Provisions 11.1 These General Terms and Conditions are governed by Italian law. Whereas these General Terms and Conditions are produced in a multilingual version, the parties agree that the only binding version of the General Terms and Conditions is that in Italian language. The invalidity and/or unenforceability of individual provisions do not affect the validity of the remaining provisions. Should one of the provisions be invalid or void, the parties agree now already that a valid provision will be incorporated, which comes closest to the invalid or void provision. Contact: Monteverro S.r.l. Società Agricola Domicile: Strada Aurelia Capalbio, 11 I Capalbio (GR), Italien Tel: Fax: info@monteverro.com VAT ID No./Tax ID No./Registered Company No. CCIAA/ IT Economic and Administrative Index No. (R.E.A.): GR Licence No. GRM03827U authorised by Main Customs Office